Representing DC Employees Before the DC Office of Human Rights for Over 25 Years
Our office represents DC employees or applicants at the DC Office of Human Rights (OHR). OHR is a District agency enforcing the DC Human Rights Act (DCHRA) for employees in the District of Columbia. The DCHRA is a law that prohibits employers from discriminating against employees on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity and expression, family responsibilities, political affiliation, disability, matriculation, familial status, genetic information, source of income, place of residence or business, status as a victim of an intrafamily offense, credit information and homeless status.
Filing an OHR Complaint
To file a complaint with the Office of Human Rights (OHR), an individual must complete an intake questionnaire and submit it to OHR. An individual may complete the forms online or using the print version. Here is a link to the OHR website that provides the forms for filing an OHR complaint. Both of these can be submitted online by emailing them to OHR. There are important deadlines that must be met to file an OHR complaint and procedures vary between District public employees and employees of private sector businesses. This is an important reason to seek counsel prior to filing an OHR complaint. A factsheet about the OHR process has been provided by OHR here.
Mandatory Mediation at OHR
When an individual files a complaint with OHR, mandatory mediation is required as part of the filing process. The mediation session usually includes the employer, their attorney, the mediator, the employee and their lawyer. The length of the mediation session typically lasts from one to two hours and takes place at OHR. Mediations are conducted by a professional mediator. During mediation, the mediator will work to get the parties to agree to a settlement of the claims. If settlement is reached, then the case is closed and a settlement agreement is drafted. If mediation does not result in settlement, OHR will conduct an investigation of the case.
OHR Investigation
If mandatory mediation is not successful, the next step will be for OHR to conduct an investigation of the OHR complaint. This will include the submission of responses to the discrimination claims by the employer. The employee will have the opportunity to rebut the employer’s response, often known as a position statement. Additionally, witnesses may be interviewed. Following the investigation, OHR will issue a determination that there is either “probable cause” that an employee suffered discrimination or that there is “no probable cause” of discrimination. If a probable cause determination is reached by OHR the employee may be able to go through the administrative hearing process before an administrative judge. If successful, damages may be awarded. Counsel is definitely needed at this stage of the process.
Our DC Discrimination Lawyers Can Help
It is important to have a DC employment lawyer as you navigate the OHR process. Please contact Berry & Berry, PLLC to schedule a consultation with an attorney to discuss your DC discrimination complaint. Our firm represents employees in complaints of discrimination, harassment, or retaliation. Throughout the process, our attorneys evaluate the potential of a client’s case for resolution or settlement. We represent employees and attempt to determine their best course of action to enable them to make an informed decision about how they should proceed in their DC OHR case.
